HAMBI
THE CULTURE COLLECTION
Order Form for Microorganisms for Academic Research Purposes
THE RECIPIENT ACCEPTS THE TERMS AND CONDITIONS OF THE MATERIAL TRANSFER AGREEMENT
OF HAMBI COLLECTION, ATTACHED HERETO AS ATTACHEMENT A, BY PLACING AN ORDER WITH
THE COLLECTION.
Please fill in the form, sign, and send it to HAMBI Culture Collection by mail, E-mail or FAX (if You
use FAX, please inform us also by E-mail).
Recipient
(Organization):
Date:
Delivery
address:
Contact person:
Invoice address:
Phone:
E-mail:
VAT no. (for EU members):
Fax:
Other register no. (if available)
Strains of microorganisms ordered from HAMBI Culture Collection:
HAMBI No.
Strain
Quantity
Unit price €
Total price
Purpose of use:
Acceptance:
I am an authorized officer of the Recipient and I accept the attached MTA on the Recipients behalf.
Signature
Print Name
Date
Position
Department of Food and Environmental Sciences
Division of Microbiology / Pekka Oivanen
P.O. Box 56 (Biocenter 1, Viikinkaari 9)
FI-00014 University of Helsinki
FINLAND
Phone:
Fax:
+358-2-941 59 311
-
E-mail:
Web:
pekka.oivanen@helsinki.fi
www.helsinki.fi/hambi
ATTACHMENT A: MTA
ATTACHMENT A:
This AGREEMENT is between the COLLECTION and the RECIPIENT of the MATERIAL:
Material Transfer Agreement HAMBI Culture Collection
1.
RECIPIENT agrees that all information provided
to the COLLECTION in connection with any
order for MATERIAL is accurate and complete,
and otherwise complying with applicable laws
and regulations.
9.
2.
RECIPIENT agrees that MATERIAL designated
Risk Group 2 or above (VNp 1155/1993,
amended from time to time) may cause human
disease, and that MODIFICATIONS, or other
MATERIAL, not so designated, may cause
human disease under certain conditions.
10. Warranty: The COLLECTION hereby assures
Scope of agreement
This Agreement applies to the use, handling, distribution, and any disposition of the MATERIAL supplied by the
COLLECTION.
The COLLECTION:
HAMBI Culture Collection, University of
Helsinki, Department of Food and
Environmental Sciences
P.O.Box 56 (Biocenter 1, Viikinkaari 9,
Microbiology)
FI-00014 University of Helsinki, Finland
h.
ORIGINAL MATERIAL: That which was
originally supplied to the COLLECTION by the
DEPOSITOR.
i.
PROGENY: Unmodified descendant (e.g. subculture or replicate) from the ORIGINAL
MATERIAL.
b.
AGREEMENT: This document.
j.
c.
RECIPIENT: The party to whom the
COLLECTION sends the MATERIAL. In case
this is not the END-USER but an
INTERMEDIARY,
this
INTERMEDIARY
agrees (i) to forward to the END-USER the
present MTA and the MATERIAL in unchanged
form and quantity as received from the
COLLECTION, and (ii) to use for this further
shipping the proper packaging, a trained shipper,
and an authorized carrier, according to the
applicable laws and regulations.
UNMODIFIED DERIVATIVES: Replicates or
substances which constitute an unmodified
functional subunit or product expressed by the
MATERIAL, such as, but not limited to, purified
or fractionated subsets of the MATERIAL,
including expressed proteins or extracted or
amplified DNA/RNA.
a.
d.
e.
END-USER: Scientist working with the supplied
MATERIAL.
INTERMEDIARY: Third party, different and
independent from the END-USER, that makes an
order on behalf of the END-USER, and to which
the COLLECTION addresses the MATERIAL.
These can be whole-salers, importers, or other
type of intermediary agents, unrelated to the
END-USER’s institution.
f.
DEPOSITOR: Person(s) or entity that provided
the COLLECTION with the ORIGINAL
MATERIAL.
g.
MATERIAL:
ORIGINAL
MATERIAL,
PROGENY and UNMODIFIED DERIVATIVES.
The
MATERIAL
shall
not
include
MODIFICATIONS.
k.
MODIFICATIONS: Substances produced by the
RECIPIENT by using the MATERIAL, which are
not the ORIGINAL MATERIAL, PROGENY, or
UNMODIFIED DERIVATIVES, and which have
new properties. MODIFICATIONS include, but
are not limited to, recombinant DNA clones.
l.
COMMERCIAL PURPOSES: The use of the
MATERIAL for the purpose of profit.
m.
LEGITIMATE EXCHANGE: The transfer of
the MATERIAL between scientists working in
the same Laboratory, or between partners in
different Institutions collaborating on a defined
joint project, for non-commercial purposes. This
also includes the transfer of MATERIAL between
public service culture collections/BRCs for
accession purposes, provided the further
distribution by the receiving collection/BRC is
under MTA conditions equivalent and compatible
to those in place at the supplying collection.
n.
3.
RECIPIENT agrees that any handling or other
activity undertaken in their laboratory with the
MATERIAL will be conducted under their
responsibility and in compliance with all
applicable laws and regulations.
4.
RECIPIENT therefore assures that within their
laboratory (i) access to the MATERIAL will be
restricted to personnel capable and qualified to
safely handle said MATERIAL and (ii)
RECIPIENT shall exercise the necessary care,
taking into account the specific characteristics of
the MATERIAL, to maintain and use it with
appropriate precautions to minimize any risk of
harm to persons, property, and the environment,
and to safeguard it from theft or misuse.
5.
Unless agreed in writing with the COLLECTION,
RECIPIENT shall not sell, distribute or propagate
for distribution, lend, or otherwise transfer the
MATERIAL to any others, except those
RECIPIENT that acts as INTERMEDIARY and
those RECIPIENT involved in LEGITIMATE
EXCHANGES as defined above.
6.
Subject to the terms and conditions of this
AGREEMENT and any statutory, regulatory or
other restriction imposed by law or any third
party interest, RECIPIENT may use the
MATERIAL in any lawful manner for noncommercial purposes determined in the Order
Form.
7.
If the RECIPIENT desires to use the MATERIAL
or MODIFICATIONS for COMMERCIAL
PURPOSE(S), it is the responsibility of the
RECIPIENT, in advance of such use, to negotiate
in good faith the terms of any benefit sharing with
the appropriate authority in the country of origin
of the MATERIAL, as indicated by the
COLLECTION’s documentation.
8.
Nothing
in
this
AGREEMENT
grants
RECIPIENT any rights under any patents,
propriety, intellectual property, or other rights
with respect to the MATERIAL.
CBD The Convention on Biological Diversity.
THE COLLECTION WILL TRANSFER THE MATERIAL UNDER THE TERMS AND CONDITIONS
SPECIFIED IN THIS MATERIAL TRANSFER AGREEMENT.
THE RECIPIENT – BEING END-USER, INTERMEDIARY OR CULTURE COLLECTION / BRC – ACCEPTS
THE TERMS AND CONDITIONS OF THIS MATERIAL TRANSFER AGREEMENT BY PLACING AN ORDER
WITH THE COLLECTION.
RECIPIENT agrees to acknowledge the
COLLECTION as the source of the MATERIAL
in any and all publications that reference the
MATERIAL. RECIPIENT agrees to take into
account the articles of the CBD.
within the scope of its quality system and as far as
can be determined through the COLLECTION’s
test regimes, that the MATERIAL shall be viable
and pure upon shipment from the COLLECTION.
Any claim against the warranty will have to be
communicated to the COLLECTION within a
period of thirty (30) days from the
COLLECTION’s shipment, and will have to be
justified to the COLLECTION’s satisfaction. The
primary remedy for breach of this warranty is
replacement by the COLLECTION of the
MATERIAL free of charge.
11. RECIPIENT indemnifies and holds harmless
COLLECTION from and against all third party
claims, damage and loss relating to RECIPIENT’s
use, storage or disposal of MATERIAL.
12. DISCLAIMER OF WARRANTIES. EXCEPT
AS EXPRESSLY PROVIDED IN THIS
AGREEMENT AND WITHIN THE LIMITS OF
THE SCOPE OF THE COLLECTION’S
QUALITY SYSTEM, THERE ARE NO
REPRESENTATIONS OR WARRANTIES BY
THE COLLECTION WITH RESPECT TO THE
MATERIAL,
EXPRESS
OR
IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF AUTHENTICITY,
TYPICALITY, SAFETY, FITNESS FOR A
PARTICULAR PURPOSE, OR OF THE
ACCURACY OR COMPLETENESS OF THE
DATA. COLLECTION DISCLAIMS ANY
WARRANTIES RELATING TO ANY THIRD
PARTY RIGHTS.
13. If an amicable solution cannot be achieved
without any delay any and all disputes,
controversies, or claims arising under, out of or
relating to this agreement shall be finally and
confidentially settled by binding arbitration by
one arbitrator to be appointed by the arbitration
committee of the central chamber of commerce of
Finland. In the arbitration procedure, the rules of
the said committee are to be followed. The
arbitration shall take place in Helsinki, Finland
and the procedure shall be conducted in English.
This agreement shall be governed by and
construed in accordance with the laws of Finland
without regard to its conflict of laws principles.